Date: 12-13-2012

Case Style: Marlen Sanchez v. Brittney Masoud

Case Number: CJ-2011-8868

Judge: Lisa T. Davis

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Greg Dark

Defendant's Attorney: Michael G. McAtee

Description: Marlen Sanchez, individually and as Mother and Next Friend of Tatiana Chavez, a minor, sued Brittney Masoud on an auto negligence theory claiming:

1. On or about August 16, 2011, Plaintiffs were traveling north on Interstate 44 Access Road at S.W. 29th Street in Oklahoma City, Oklahoma County, State of Oklahoma.

2. At the same time, Defendant was traveling eastbound on S.W. 29th Street at Interstate 44 Access Road in Oklahoma City, Oklahoma County, State of Oklahoma.

2. At that time, due solely to her own negligence, Defendant’s vehicle collided with the vehicle occupied by Plaintiffs.

3. As a result of Defendant’s negligence, Plaintiffs suffered damage to property, painful and progressive personal injuries and pennanent loss. As a result of said injuries, they have incurred past and will incur future medical expenses, and have been damaged in a sum in excess of $75,000.00

WHEREFORE, Plaintiff prays for judgment against Defendant in an amount in excess of $75,000.00, together with interest, costs, attorney fees and all other relief this Court deems just and equitable.

Defendant appeared but did not answer.

Outcome: NOW on this 29th day of November 2012, this case comes on for hearing regarding the parties Joint Application for Court Approval of Settlement, for Court Order of Disbursement and for Court Order of Dismissal With Prejudice in the above styled litigation. The Plaintiff, Marlen Sanchez, individually, as mother and next friend of Tatiana Chavez, a minor, appear in person, and by and through their attorney of record, Greg Dark. Defendant, Brittney Masoud, appears by and through her attorney of record, Christine B. Mclnnes, of McAtee & Woods, P.C. The parties, through counsel, announce that they have agreed to a compromised settlement of the claims of the Plaintiff as alleged in her Petition in this action against the Defendant and move the Court to approve such settlement. Having considered the statements of counsel and the testimony of witnesses sworn in open Court, as well as the documentary evidence introduced in support of the Joint Application, the Court makes the following findings.

1. The Court has jurisdiction over the person of the Defendant. Venue of this action is proper in this Court. The Court has jurisdiction to determine if the settlement agreement reached by the parties should be approved.

2. Tatiana Chavez is a minor. Marlen Sanchez is the proper party to bring this action as the mother and next friend of Tatiana Chavez.

3. On the 16th day of August, 2011, at s.w. 29th Street Interstate 44 Access Road, in Oklahoma City, Oklahoma County, Oklahoma, Tatiana Chavez, a minor, was injured in an accident with the Defendant. As a result of the accident, Marlen Sanchez incurred responsibility for medical bills for the injuries of the above mentioned minor.

4. Plaintiff has filed a Petition alleging that she has sustained damages as a result of the Defendant=s negligence. Defendant denies these claims.

5. The Plaintiff and Defendant=s insurer have agreed to a compromised settlement of the Plaintiffs’ claims against the Defendant, as follows:

a. A payment to the Plaintiff of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) to be made by Traders Insurance Company on behalf of the Defendant.

b. The above mentioned payment will be made in exchange for a full and complete release of Defendant, Brittney Masoud, and Traders Insurance Company.

c. Plaintiff shall within 20 days of approval by this Court of the settlement agreement, satisfy all outstanding liens for services rendered by healthcare providers to the above mentioned minor Plaintiff for treatment of injuries suffered as mentioned in the Plaintiffs Petition, secure from such healthcare providers properly executed lien releases, file such releases with the appropriate governmental agencies, and furnish copies of such executed and filed releases to the attorney for the Defendant. In the event such liens are not satisfied by the Plaintiff, and Defendant or Traders Insurance Company is compelled to satisfy such liens, Plaintiff shall hold harmless and indemnify Defendant and Traders Insurance Company for any payments made by Defendant and Traders Insurance Company to satisfy such liens.

6. This settlement agreement is fair, reasonable and in the best interest of the minor, Tatiana Chavez.

7. The Court finds it is in the best interest of the minor, Tatiana Chavez, to authorize Marlen Sanchez to execute a release of all claims of said minor against the Defendant and Traders Insurance Company arising from, or to arise from the above mentioned accident.

8. Accident Care and Treatment Center is entitled to $6,655.51 for payment of medical expenses incurred to date.

9. Southwest Regional Imaging and Radiology is entitled to $1,800.00 for payment of medical expenses incurred to date.

10. Plaintiffs attorney is entitled to $6,580.94 for attorney fees and costs incurred to date.

11. The monies to be received by Plaintiff, after attorney fees, expenses and medical bills in the amount of $9,963.55 shall be deposited into an account in accord with 12 O.S. ‘ 83 until such time as Tatiana Chavez attains the age of 18 years. After Tatiana Chavez’s birthday, the depository is authorized to release the funds held in trust directly to Tatiana Chavez without further Order of the Court.

12. By approving the compromised settlement agreement reached by the parties, the Court does not make a finding of liability in favor of or against Plaintiff or Defendant and the entry of this Order shall not be construed as an admission of liability by Defendant.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

a. The foregoing settlement agreement is in the best interest of the above mentioned minor child and should be approved.

b. The parties Joint Application for Court Approval of Settlement, for Court Order of Disbursement, and for Court Order of Dismissal With Prejudice of this settlement agreement is hereby sustained, as set out above.

c. Checks or drafts in payment of the settlement between the parties in the total sum of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) for the benefit of the minor Plaintiff, Tatiana Chavez, shall be disbursed as follows: a) Accident Care and Treatment Center is entitled to $6,655.51 for payment of medical expenses incurred to date.

b) Southwest Regional Imaging and Radiology is entitled to $1,800.00 for payment of medical expenses incurred to date.

c) Plaintiffs attorney is entitled to $6,580.94 for attorney fees and costs incurred to date.

d. The balance of the monies in the amount of $9,963.55 shall be deposited in a federallY/insured account for the benefit of Tatiana Chavez, a minor, at IBC. These monies shall be placed into said account and shall not be withdrawn without Order of the Court authorizing the withdrawal, or until the minor Plaintiff reaches the age of eighteen (18) years. The date of birth of the minor Plaintiff, Tatiana Chavez, is January 7, 1997.

e. The Plaintiff, Marlen Sanchez, individually, and as mother and next friend of Tatiana Chavez, a minor, is hereby Ordered to execute a Release in Full of All Claims against the Defendant and the Defendant’s insurance carrier as mentioned above upon receipt of the settlement funds.

f. The Plaintiff, Marlen Sanchez, individually, and as mother and next friend of Tatiana Chavez, is hereby Ordered to execute a Dismissal With Prejudice of the above styled action upon receipt of the settlement funds.

g. This Order shall not be construed as an admission of liability by any party and shall not be admitted into evidence in any proceeding other than enforcement of this Order.

h. This case is transferred to the Probate Division of the District Court for further supervision concerning withdrawal of funds from the depository.

Plaintiff's Experts:

Defendant's Experts:

Comments: